|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 09, 2014||referred to correction|
delivered to assembly
|Jun 03, 2014||ordered to third reading cal.1145|
committee discharged and committed to rules
|May 23, 2014||referred to crime victims, crime and correction|
senate Bill S7656
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7656 - Details
- Law Section:
- Correction Law
- Laws Affected:
- Amd §865, Cor L; amd §§180.10 & 210.15, CP L
S7656 - Sponsor Memo
BILL NUMBER:S7656 TITLE OF BILL: An act to amend the correction law and the criminal procedure law, in relation to eliminating shock treatment for class A-II felony drug offenders PURPOSE: This bill would hold drug dealers accountable by removing from eligibility for SHOCK treatment those defendants convicted of class A-II felony drug offenses. SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 865 of the correction law to exclude from the definition of "eligible inmate" - as it relates to SHOCK treatment - class A-II felony drug offenses defined in article 220 of the penal law. This section allows for an exception if the inmate, at arraignment, tested positive for a controlled substance. Section 2 amends section 180.10 of the criminal procedure law to add new subdivision seven, to allow for drug testing at arraignment of defendants charged with either A-I or A-II drug crime felonies. Section 3 amends section 210.15 of the criminal procedure law to add new subdivision seven, to allow for drug testing at arraignment of defendants charged with either A-I or A-II drug crime felonies.
S7656 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7656 I N S E N A T E May 23, 2014 ___________ Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LITTLE, MARCELLINO, MARCHIONE, MARTINS, MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALE- SKY, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law and the criminal procedure law, in relation to eliminating shock treatment for class A-II felony drug offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 865 of the correction law, as amended by chapter 377 of the laws of 2010, is amended to read as follows: 1. "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of fifty years, who has not previously been convicted of a violent felony as defined in article seventy of the penal law, or a felony in any other jurisdiction which includes all of the essential elements of any such violent felony, upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and fifty years at the time of commission of the crime upon which his or her present sentence was based. Notwithstanding the foregoing, no person who is convicted of any of the following crimes shall be deemed eligible to participate in this program: (a) a violent felony offense as defined in article seventy of the penal law, (b) an A-I felony offense, (c) any homicide offense as defined in article one hundred twenty-five of the penal law, (d) any felony sex offense as defined in article one hundred thirty of the penal law [and], (e) any escape or absconding offense as defined in article two hundred five of the penal law, AND (F) ANY CLASS A-II FELONY DRUG OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW EXCEPT WHERE THE INMATE TESTED POSITIVE FOR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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